31/ 03/ 1999

H.E. the President,

The Presidential Secretariat,

Colombo 01

Your Excellency the President,

Your Excellency in order to hold a free and fair election called for an All-Party Conference and as a result of that conference the Election Monitoring Committee is formed. But it is a regret to inform you as we observe it is clear now this committee is of no use to fulfill the aims for which it is formed. Many of the suggestions were put forward at the committee sessions as well as in the meetings of party leaders, to be implemented as prerequisite for a free and fair election. But when putting them in to practice some political parties and the government too have been less attentive and incapable to implement those committee decisions. This has caused our distrust about the forthcoming election a free and fair election one. We are compelled to foresee that the people of this country may experience the same unfortunate experience as experienced at the NorthWestern Provincial Council Election. This type of a situation prevails even after holding an all party conference and then a lot of discussions aiming a free and fair election may create a bad image about democratic system as well as the political parties, among the people of Sri Lanka

Your Excellency,

Polls plunder occured in the North Western Province compelled you to call for an all-party discussion. We at the beginning of those discussions stressed our position of participating, not as accused but as accuser. As a responsible political party we believe it is also our duty to work for a free and fair election. So we eagerly attended in the Election Monitoring Committee sessions and proposed some important suggestions. We also tried our best to implement the decisions taken at those discussions. As JVP we did all these within the Election Monitoring Committee while the PA candidates with their supporters attack and harass our candidates and supporters. Our election offices were attacked and destroyed; Bombs were thrown at our offices; Election rally stages were too attacked. We tried to continue performing our duty within the Election Monitoring Committee, while some powerful ministers of PA tried to obstruct our progress in the election campaign. But as the powerful institution, which must implement the decisions of that committee, the PA government including your leadership has shown no competence. Some of such decisions, which were not implemented, are described as following:

01. It was at the beginning decided to instruct the party members and supporters to stop the anti democratic activities done against the opposing parties. But the ruling PA and UNP also have shown no such ability to act accordingly. The violence events happened in the island proves the incapability of both PA and UNP of making such an attempt.

02. Decision to remove the illegal cutouts and posters and prevent from continuing with that type of propaganda was not implemented properly. Even the police was used to remove these propaganda instruments; it is known that candidates of both PA and UNP are openly violating this decision.

03. The Election Monitoring Committee as a whole agreed to stop MP' s and ministers using the state property and vehicles for the election propaganda campaign. As the chief of state your Excellency agreed to order the individuals and institutions to stop using the state property. But that did not happen. By now the ministers and candidates too using state vehicles in their election propaganda activities and you have not taken, neither shown any genuine attempt to stop that.

04. You stated that as proposed, the Election Commissioner would be provided resources and equipment to prevent irregularities those are expected to happen during the polls day and it was not done in reality. The proposal to provide each polling center with a vehicle to transport ballet boxes, is not implemented till now. As we were made to aware at the party representatives meeting with the Election Commissioner, out of the number of vehicles (commissioner has requested an amount of vehicles to be used "a vehicle for several polling stations" basis) only 60% was provided. It is a serious problem since the commissioners' request was not granted, while the state vehicles are illegally used for PA's election propaganda campaign.

Your Excellency also agreed to provide each polling center with a mobile telephone and the Election Commissioner was also to be made aware of that. But it is revealed that the government is not ready to grant expenses for the mobile phones and as a result, commissioner is unable to implement that decision. This means that the government has not taken seriously, neither understood the importance of this decision.

 05. The proposal to allocate a broadcast time for the election propaganda of political parties and independent groups, which compete, for the election was taken to your further consideration but that is clear never taken to practice.

06. Election Commissioner stated that he could not take necessary legal actions at the election law violations occurred at NorthWestern Provincial Council Election owing to lack of official power. Since that, we with several other political parties suggested to provide him with necessary official power but that suggestion was ignored and rejected by your Excellency. It is a considerable point that the govt did not agree to grant the Election Commissioner with the power to re-hold elections at the polling stations where it is identified the violation of election law occurred. It is a problem to us that a govt said to be attempting to hold a free and fair election do not agree to implement that type of a proposal.

07. As a signal to discourage using violent acts and thugs to win elections, we suggested that the NorthWestern Provincial Council be dispersed. But no response was given and the suggestion was ignored behind the so-called commission to investigate those events. This commission is by now inactive and the PA candidates are convinced that the victory by hook or crook is accepted obstructing the forthcoming election from becoming a free and fair one.

Your Excellency the president,

When considering the points mentioned previously, made us accept the fact that your government, the ruling People's Alliance, and the United National Party at some points are incapable of achieving the objectives of Election Monitoring Committee. Rather than the other parties, the ruling party and the government has a big responsibility here. But even your excellency speak of the attempts to hold a free and fair election, even some attempts are taken, it is clear that the attempt taken by your excellency is incapable. Some of the ministers and candidates are not ready even to obey an order issued by your Excellency. We do not expect a free and fair election when your Excellency is unable to control even the candidates.

By now we are aware that certain leaders and candidates of PA are planning the riggings and it is known that the "Samurdhi" agents are to be used for polls plunder. This reveals nothing but while the all-party discussions are on the process, covering behind that some of PA elements are getting ready for a silent Polls Plunder. So we would like to direct these points for the consideration of your Excellency as the president.

Finally considering the prevailing condition we, as the People's Liberation Front (JVP) express our view that the Election Monitoring Committee is incapable of achieving its objective to hold a free and fair election. We see the reason for that as the lack of attention needed from your official position and your party as well. So we regretfully notice that we are unable to keep in trust with the Election Monitoring Committee.

Yours sincerely,

 M. Tilvin Silva

General Secretary

People's Liberation Front (JVP)